A 21-count federal grand jury indictment, returned last month and unsealed today, charges Peters, who now resides in San Marcos, TX, with five counts of wire fraud; four counts of unlawful transfer of a machine gun; six counts of illegal sale of a handgun to a minor; five counts of failure to keep proper records; and, one count of making a false statement to an investigating agent.

As a Federal Firearms Licensee (FFL), Peters is subject to record keeping requirements related to the acquisition and sale or other disposition of firearms including having the purchaser complete an ATF Form 4473 prior to the sale, transfer or delivery of that firearm. FFL’s must retain those ATF forms and any supporting documents for at least 20 years after a sale or transfer is completed. Peters is also required to transfer firearms in accordance with the National Firearms Act (NFA). Specifically, FFL’s are not allowed to transfer firearms restricted under the NFA, such as fully automatic firearms or “machine guns”, without the proper application being filed and the fee paid by the purchaser.

The indictment alleges that on five separate occasions between May 2013 and September 2014, Peters sent by wire a fraudulent ATF form 4473 to the National Tracing Center in West Virginia concerning the transfer of firearms. Peters, allegedly, also sold four machine guns in 2012 without the proper application being filed and the fee paid by the purchaser. The indictment also alleges that on six separate occasions between September 2011 and March 2012, Peters sold a pistol to an individual he knew, or had cause to believe, was younger than 21 years of age. The indictment further alleges that Peters failed to keep records on various firearms sales by not recording the purchaser’s name, age, and place of residence as required by law. The indictment also alleges that Peters provided false information when questioned by investigators on November 4, 2014. According to the indictment, Peters understated the true figure when he told investigators that he transferred approximately 30 to 40 firearms without completing the required firearm transfer process.

Wire fraud calls for up to 20 years imprisonment and the unlawful transfer of a machine gun calls for up to ten years imprisonment upon conviction. Each remaining charge calls for up to five years imprisonment upon conviction.

Today’s arrest and the indictment resulted from an investigation conducted by the ATF. Assistant United States Attorney LaTawn Warsaw is prosecuting this case on behalf of the Government.

An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.